Carlos28

Pre Legal Letter Midland Funding

Recommended Posts

On 4/18/2019 at 9:59 AM, Carlos28 said:

I was sued in November 2018 for an account that was still owned by Synchrony Bank (eBay Mastercard) and when that account was sent to a lawyer I sent them a letter disputing the validity of the debt. The law firm responded within two weeks. I sent that letter regular mail as well.

Does this have anything to do with the current Midland account?

On 4/18/2019 at 9:59 AM, Carlos28 said:

Should I send another letter?

No, it doesn't really matter at this point.  They have violated the FDCPA by continuing collections before validating the debt, but you have no way to prove you sent them a dispute letter, so there is nothing you can do with it.  I would wait until they send this account to a lawyer. You will get a new letter stating that you account is with the law firm and I would respond to THAT letter with a simple one-line dispute.  Send it Certified with Return Receipt.

Share this post


Link to post
Share on other sites
2 hours ago, Carlos28 said:

If midland drops the lawsuit when I request arbitration can it sell the debt to another debt buyer?

It all depends on how it is dismissed.  But when done right, 99% of the time it will conclude with a settlement agreement that either includes dismissal WITH prejudice or an agreement that states that they release you of all liability regarding this account.  Both of those would make it a dead debt at that point.

Share this post


Link to post
Share on other sites
On 4/20/2019 at 3:21 PM, fisthardcheese said:

It all depends on how it is dismissed.  But when done right, 99% of the time it will conclude with a settlement agreement that either includes dismissal WITH prejudice or an agreement that states that they release you of all liability regarding this account.  Both of those would make it a dead debt at that point.

Is it illegal for a debt buyer to threaten legal action? Midland sent another pre-legal letter.

Share this post


Link to post
Share on other sites
On 4/25/2019 at 9:52 AM, Carlos28 said:

Is it illegal for a debt buyer to threaten legal action? Midland sent another pre-legal letter.

They aren't.  They are using words that have no real meaning but sound serious.  What does "pre-legal" mean?  Nothing.  This reply I am typing right now is "pre-legal".

  • Haha 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.